When divorces are done and marital issues are settled, child custody arrangements will be in place. Divorce proceedings include many important decisions before the couple moves forward as individuals with their own lives. These issues can include the division of assets, alimony, child support and child custody. Since child custody matters do not involve possessions, but rather a parent’s greatest accomplishment, this can be a very emotional matter. Judges will consider a variety of factors when deciding on the child custody arrangement. During these cases, judges keep the best interests of the child in mind. They want to ensure that they are growing up in a healthy and safe environment.
When a parent is given physical custody of their child, they can be referred to as the custodial parent. The custodial parent is who the child will reside with. Although the other parent may have visitation rights, the custodial parent is the one who will spend more time with the child. Due to this, the custodial parent may be paid child support by the other parent to support the child’s living standards.
How does legal custody compare to physical custody?
Physical and legal custody are both involved in child custody arrangements. While physical custody refers to the actual placement of the child with one parent, legal custody covers a different area. Legal custody allows parents the authority to make important decisions in a child’s life. These decisions can be related to matters of health, education, religion and general welfare of the child. A parent may lose physical custody, but still be able to obtain legal custody.
Can I have legal custody if I’m not the custodial parent?
Even if parents are not granted physical custody, they may still be able to gain legal custody. They can still be involved in their child’s life even without the role of being the custodial parent. With legal custody, they are given the right to decide on important matters in their child’s life. Our professional attorneys encourage you to fight for legal custody even if you are not given physical custody of your child. If the child custody arrangements are not working for you and your former spouse, there is an opportunity to have them modified in the future. You can file an action with the court to bring your case to litigation.
Paris P. Eliades Law Firm, LLC is honored to serve the people of New Jersey, including Sparta, Sussex County, Morris County, Passaic County, and Bergen County with the quality legal services they deserve. Contact our firm for a consultation today.